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The rules don’t apply to me if I think I'm being bullied!
Background The applicant was engaged by CITIC Pacific Mining Management Pty Ltd (CITIC) as an IT application developer. In February 2014, the applicant made an application to the Fair Work Commission (the Commission) for an order to stop bullying against CITIC. The applicant alleged: his manager changed the weightings (ratings) in his performance appraisal which resulted in him receiving an annual bonus less than what he expected; and his manager erroneously allocated tasks to him irrespective of whether they were within his skills or position description. The applicant had accessed his manager's emails without authorisation, and read an email between his manager and another senior employee regarding CITIC's concerns with the applicant's performance. This was the basis upon which the applicant formed the view that his manager changed the weightings in his performance appraisal. Before making lodging the application with th...
20 June 2014Failure to comply with signatory detail proves costly in enterprise agreement approval
The Fair Work Commission (the Commission) recently refused to approve an enterprise agreement as the signatory requirements under the Fair Work Act 2009 (the Act) had not been met. Background Sky Channel Pty Ltd made an application to the Commission for approval of the Sky Channel Enterprise Agreement 2014 (the Agreement). Two unions involved in the negotiations made statutory declarations in relation to the Agreement but raised concerns regarding the terms of the Agreement and the process involved in making the Agreement. In the statutory declarations, the unions alleged that the Agreement: offended the terms of the National Employment Standards; did not meet the better off overall test; and was not genuinely agreed to by the employees. Finding The Commission determined that when an application for approval of an enterprise agreement is made, it must be accompanied by a signed copy of the enterprise agreement in accordance with the regulati...
19 June 20141 July amendments looming
New rates, thresholds and other changes in the employment arena commence from 1 July 2014. The following article briefly summarises the main amendments that employers should be aware of. National minimum wage From 1 July 2014, the national minimum wage will increase to $640.90 per week or $16.87 per hour (calculated on the basis of a 38 hour week for a full time employee). This represents a 3% increase. The increase applies from the first full pay period starting on or after 1 July 2014. Minimum award rates Minimum award rates will also increase by 3% on the first full payment period starting on or after 1 July 2014. The adjustment to the minimum award rate may also affect penalties and allowances. Employers should review applicable awards to ensure compliance. The increase may also impact upon employers who have enterprise agreements if the rates fall below the national minimum wage or award rates or transitional arrangements which are...
19 June 2014